What is the Average Personal Injury Settlement in California?
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Hurt in an accident in Los Angeles or elsewhere in Southern California? You have the right to seek compensation for the full extent of your damages, including for non-economic losses. Many personal injury cases are eventually settled by the insurance company. This raises an important question: What is the average personal injury settlement in California? The short answer is “it depends.” Settlements in the five, six, and even seven figures are all well within the normal range. The specific circumstances of the case always matter. Here, our Los Angeles personal injury attorney explains the key things to know about the average personal injury settlement in California.
Personal Injury Settlements Vary Based on Case Type, Severity of Injuries, and Liability
The somewhat unsatisfying answer to the main question is that there is no such thing as a “standard” personal injury settlement in California. Instead, personal injury claims are always valued on a case-by-case basis with close attention to the specific situation. Indeed, each case is unique. Multiple factors influence how much compensation can be recovered, including:
- The Type of Accident: A motor vehicle crash, slip and fall, medical malpractice incident, or product defect case may result in very different settlement outcomes. As an example, truck accidents often involve commercial insurance policies with higher potential limits.
- The Severity of the Injuries: Damages matter. The extent of the physical harm plays a major role. More severe injuries, such as traumatic brain injuries (TBI), spinal cord damage, or permanent disability, typically lead to higher settlements.
- Liability (Fault): California is a fault-based personal injury state. Further, it follows a comparative negligence rule under Civil Code § 1431.2. A victim’s compensation can be reduced if they share fault for the accident. A party found to be 25 percent at fault will see their damages reduced by that percentage.
- Insurance Coverage: The defendant’s policy limits and your own underinsured/uninsured motorist coverage can cap the practical value of a case. In cases where liability exceeds insurance coverage, there may be some additional challenges in navigating a claim.
How Most Personal Injury Claims are Settled in California
Most personal injury cases in California settle out of court. With that being said, you cannot and should not sit back after an accident and wait for the defendant or its insurance company to come find you with a full and fair settlement offer. They want to pay out less to victims. If they can get away with it, they will settle cases for nothing at all.
Most personal injury cases in California settle out of court. The process generally starts with a demand letter, which is a formal notice sent to the at-fault party or their insurance carrier. Along with other things, the demand letter outlines the facts of the case, explains why their insured is legally liable, and details the damages suffered by the victim. You should be ready to include a reference to relevant documentation, such as medical records and/or accident reports.
What happens after a demand letter is sent? Once the insurance company receives the demand letter, negotiations typically begin. The insurer may accept the demand, offer a lower settlement, or reject the claim outright. Many cases involve a series of counter-offers before an agreement is reached. You always have the right to take your case to court if a fair settlement is not offered.
Tip: A personal injury demand letter should always be drafted by a lawyer. A Los Angeles personal injury lawyer can help you craft a compelling, comprehensive demand letter.
You Must Initiate a Personal Injury Claim Before the Statute of Limitations Expires
Personal injury cases are time-sensitive. You do not have an unlimited amount of time to seek a settlement. Under California Code of Civil Procedure § 335.1, there is a two-year statute of limitations. If a lawsuit is not filed within two years of the accident, the victim may not have any claim at all. One of the best strategies for maximizing your settlement is to take a proactive approach. You do not want to fall behind the insurance company in the claims process. Be proactive: Speak to a top Los Angeles personal injury lawyer right away after a serious accident.
Contact Our Los Angeles Personal Injury Attorney for a Free Case Review
At Saeedian Law Group, our Los Angeles personal injury lawyer is an aggressive, experienced advocate for justice. If you have any questions or concerns about personal injury settlements, we are here to help. Contact us today for a free, no-obligation initial consultation at 310-288-3000. We handle personal injury cases in Los Angeles and throughout all of Southern California.